Power and Politics

Constitutional Court declares lack of jurisdiction in PF lawmakers’ expulsion case


The Constitutional Court has declared it lacks jurisdiction to hear the petition from nine PF Members of Parliament contesting their expulsion by Miles Sampa.

An 11-member bench, which included Constitutional Court president Justice Professor Margaret Munalula, her deputy Justice Arnold Shilimi, Judge Annie Sitali, and Justice Palan Mulonda, concluded that their jurisdiction does not cover the interpretation or violations of political party constitutions.

Read more: PF Crisis: 9 lawmakers drag Sampa to court over their expulsion

It was found that the petitioners had broadly claimed a violation of Article 60(2) without specifying the nature of the alleged breach, detailing how Sampa violated the party constitution by assuming party presidency.

The court explained that its jurisdiction, though broad, is confined to constitutional matters as outlined in Article 128.

The court further indicated that any judgment on the matter would be void if they proceeded.

Consequently, the Court dismissed the petition.

This ruling addresses the Preliminary Issues raised by Sampa, who requested the court to dismiss the case.

The nine petitioners sought a court order to overturn their expulsion, which they labeled as unfounded.

They argued that Mr. Sampa and his Secretary-General, Mr. Morgan Ng’ona, lacked the authority to expel them, claiming both held their positions illegitimately.

The nine MPs are Ronald Chitotela (Pambashe), Nickson Chilangwa (Kawambwa), Musonda Mpankata (Lupososhi), Christopher Kang’ombe (Kamfinsa), Remember Mutale (Chitambo), Brian Mundubile (Mporokoso), Stephen Kampyongo (Shiwa Ng’andu), Mulenga Fube (Chilubi), and Mutotwe Kafwaya (Lunte).

Mr. Sampa and Mr. Ng’ona raised preliminary issues, urging the Constitutional Court to dismiss the petition as improperly filed.

According to a statement released last December, the expulsions were based on gross indiscipline, insubordination, and allegedly tarnishing the party’s reputation by holding unauthorized meetings with non-PF members to undermine the current leadership.

The Sampa-led faction alleged that the nine were engaged in activities that went against the principles and integrity of the PF, leading to their removal from the party.

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